Sex, Politics, the Law…and the Shit Show or the Kavanaugh Supreme Court Nomination

Sex

Okay, so let’s do something different. Let’s have some real talk…about sex. Does sex have any formal rules of engagement? No, and that’s exactly the problem. What are the rules? No one seems to really know! The rules are vague, conflicting, confusing…people start wading in these waters, young, inexperienced and awkward. All sorts of wires get crossed, especially when adolescents are involved, especially when alcohol is involved…so, there is that.

Politics

American politics today. Ugh. Our political system is in the gutter. Just all around it has had plenty of shit show moments dating back the 90s…, maybe even further, but that’s as long as my political memory goes back on it.

Remember the President Clinton and Monica Lewinsky shit show showdown? Anita Hill and Clarence Thomas shit show showdown? Bush and Gore and the hanging chads and Pubs rioting in the streets and that was damn near 20 years ago.

But fast forward to now. Donald Trump gets elected as President….and geez, its been a nonstop shit show like none other. Why? So many reasons, so many variables. At this point, it’s like the whole Isreal/Palestine conflict. There is real and deep bad blood between the Dems and Pubs, over some real, valid, deep shit. Neither party trusts the other. Your average every day citizen, can’t even figure out who wronged who first and on what issue anymore because we are well into a twenty- year fight. It’s not getting any better…it’s just not. And now this… the Supreme Court Kavanaugh Nomination Hearing- ugh. Oh God, is it ever a shit show, like none other.

The Law

The law is the law. It’s not supposed to be political. In fact it is supposed to be apolitical. It is supposed to be a pretty, straight forward interpretation, by highly, impartial, extremely reasonable people, who we all call judges. These people are supposed to be smart. These people are supposed to be wise. These people are responsible for interpreting, developing and applying the rules that hold our society together, and keep us civilized.

The rule of law is important.

It is one of the most important principals and concepts in our society. Generally, when we appoint people to the highest court in the land, (As the Supreme Court is called), we want these Justices to be damn near perfect. Impeccable records on all counts. It is not an unreasonable assumption to make, that generally, the average American does not want a rapist/sexual assaulter/accidental almost murderer as a Supreme Court Justice. We prefer people without those kind of skeletans. Someone who hasn’t committed any crimes higher than traffic violations. These federal judges are very high ranking judges. Their respect for the law should be, beyond reproach. They should be an extremely law abiding citizen. The kind that checks and double checks their annual tax returns.

The Shit Show

But maybe, many members of the American public do want that. At this point, I can’t rule that out, based on everything that I have seen, heard, observed, from many Republican Senators responses, to the shit show. It’s clear that they want Kavanaugh confirmed by any means necessary. Even if his sexual behaviors border on criminal, they’d rather just sweep that under the rug. And why not? Real talk - that is what is done.

No one really deals with these kinds allegations against powerful men, because — there is no way to do it without the investigation devolving into a shit show. Trust me. It always does…I’m someone who has metaphorically cleaned up that shit….

It is not a fun job.

I’ve run several investigations regarding sexual harassment in the workplace and, honestly…and always…it’s a shit show. Corporations have the good sense to keep these shit shows hidden and as quiet as possible. Politicians, sadly, do not.

Politically, that exploration into allegations of sexual assault and/or sexual harassment is a political wild card and a mine field. It’s not likely to go well…for anyone, not Pubs, not Dems, no one.

It’s a slippery, slippery slope, that leads to a lot of really ugly places for a lot of people. This is the reason these kinds of allegations tend to get paid off and covered up, wherever there is clear evidence of wrong doing. We do not often hear them in publically and nationally broadcast hearings, much less with regard to a Supreme County nominee. And yet, here we are. (Again…yes again of you want to venture back into the Clarence Thomas/Anita Hill confirmation hearings.) Seriously? What is going on in this country? With the Judges and sexuality? Are all of our male judges secretly rapey? I mean it’s a weird thing to have to hear about in Supreme Court nominations, two times, in one lifetime? It’s a bit much. Do we need to specifically vet, Supreme Court nominees for sexual assault/harassment? Could it be that this is a real problem?

Soooooooooooooo…..where do we go from here?

Well the process, typically, in these cases, is one of collecting evidence, weighing it, and making a decision as to whether sexual assault occurred or not. But because of the kinds of evidence that is required, these allegations are always really difficult to prove- by our legal standards. Our legal standards require proof — pictures, documents, fingerprints, DNA, witnesses, times, dates, corroborations of someone’s story. And…when it comes to sex…that kind of stuff is really hard to come by.

That’s because we are talking about sex…sex is a really primal, deeply hidden act, where, real talk - a lot of weird stuff goes down. And so, it’s not always easy to tell when lines of communication cross and fun turns into fear and failure and fighting. But with sex, it can happen really quickly. It’s just a really difficult call to make.

So then you go back to the evidence…what does the evidence show? The best kind of evidence, in these cases, is pattern and/or practice. That’s what usually happens in the workplace, when you have a sexual predator in your midst. First, you get one allegation….and then, the flood gates open, the damn breaks, and you get tons of them. They’re all very similar. There is a pattern. There is a practice.

Initially, Kavanaugh was doing well on that front. All we had was a single allegation, of a single awkward incident that meh…before I actually heard Dr. Blasey Ford , I would have given him the benefit of the doubt. I would have said, honestly, the evidence isn’t there to say that he did these things, that are just on the face, to hear of them, despicable.

We have this old allegation, we have underage people involved, we have alcohol involved, which is to say we have a lot of evidentiary problems.

Which isn’t to say Kavanaugh didn’t do what Dr. Ford Blassey said he did. He may very well have! It’s to say, there’s no way to prove it. The evidence that is needed to make such legal proclamations of guilt or innocence is missing.

As a lawyer, as an attorney who has spent a career investigating such things, initially, I knew that there just wasn’t enough evidence, regardless of what actually happened. What do you do with these kinds of allegations? You can’t really prove them! You may be able to disprove them, if the accuser has some credibility issues…but, did you hear Dr. Blasey Ford? Very credible. Extremely credible. I believe that she believes she was almost raped by Judge Kavanaugh. I don’t think anyone who has heard her can doubt that. So what do we do with this?

Well…now we have a second accuser coming forward…also a third…pattern or practice…a yearbook with some weird Renata stuff in it…we are in the depths…and they are murky, dirty, nasty, freaky, filthy…

We are in the depths….there’s no easy way out folks…we are just gonna have to trudge on through. I’ll be back…to discuss the evidence.

Working with the Light!

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